The Santa Cruz Sleeping Ban is a local law that defines sleeping at night as “camping” and prescribes a $97 fine for falling asleep outside a house or hotel within City limits. Using one’s vehicle as housing is illegal. With only 160 beds in the Winter, for the city’s 1500-2000 homeless residents, the law in effect makes it a crime to be homeless. We intend to end this law so dignified solutions can be implemented.

Wednesday, April 2, 2008

Lawsuit update 3-25-08

Sleeping Ban Lawsuit Update 3-25-08

Many people don’t know that Santa Cruz homeless rights advocates and well known civil rights attorneys are preparing a lawsuit against the city of Santa Cruz for anti-homeless laws that violate constitutional rights. For those who have been following the issue you will find this important information.

For year’s efforts by many community members who lobbied local law makers to do the right thing for the homeless, not just the easy thing fell on deaf ears.

In early 2006 we began an outreach program to national legal organizations that support legal actions on homeless issues. This was slow and it became obvious results would not soon be forthcoming. A key turning point in our effort accrued when the U.S. 9th. Circuit Court ruled against Las Angles Camping ordinances. With this hopeful decision in L.A. in early 2007 we began to contact local legal council in a grass roots effort to bring relief from these same types of laws, and the harsh enforcement in Santa Cruz.

We now have attorneys David Beauvais, Kate Wells and Brett Bennett interviewing people that have received citations under the Santa Cruz “Camping Prohibited” laws in preparations for the law suit. These restrictive laws include 6.36.010(a) the Sleeping Ban, 6.36.010(b) the Blanket Ban and 6.36.010(c) the Camping Ban.

The largest problems with these laws are that they criminalize the homeless for using public spaces, and sleeping and camping at night. It is well documented that there is a lack of adequate emergency shelter in Santa Cruz. People are being criminalized when they make their own shelter or try to form protective groups. Other outward problems are lack of adequate medical care, community prejudice, political cowardice and rigorous Police enforcement. It’s not quit clear how homeless people are expected to live.

Our focus is on defending, restoring, and establishing civil rights for homeless people rather than lobbying for more services. We believe people should be free from police, state, and community harassment. Free to organize and to form self-help communities. It is to these ends we are willing to spend time and effort. We are looking forward to hearing from anyone about whatever legal help you can bring to the issues or questions you have.

We are looking for volunteers to work with attorneys and plaintiffs, help with community education on the issue, write letters and make phone calls.

We are in need of funds, any donations (tax deductible) can be sent to the address below.

1 comment:

Thanks for the great work your putting into ending these most inhumane laws, aimed at necessities of life. Poverty needs to be seen, not swept under the carpet and kept from the eyes of consumers. The fact is, we have a huge problem that is being addressed by most Cities in an immoral, unconstitutional and undignified manor.

We need new solutions, not old laws that serve no purpose but to further people into the depths of poverty and demoralize there very existence.

Clip Cast

The Cost of War

Our Objective

For three decades Santa Cruz authorities have used The Nighttime Sleeping Banto selectively harass and drive away homeless people. The ordinanceMC 6.36.010a is a law against sleeping on any public property, or in a vehicle and most private property between the hours of 11PM to 8:30 AM. In a town with emergency walk-in shelter for less than 60-160 people and an estimated homeless population of 1500-2000, this law is unconscionable, unconstitutional and immoral. The Blanket Ban makes it illegal to cover up with blankets or bedding outside during the same nighttime hours.

After the Jones decision of the 9th Circuit Court of Appeals and the subsequent Jones Settlement, nighttime camping bans in Los Angeles, Fresno, Richmond and San Diego were eliminated. Activists in Santa Cruz took heart and began preparing for a legal challenge here.

We hope to challenge not only the Santa Cruz's infamous Sleeping Ban , criminalizing the very act of sleeping at night, but also any and all police practices that abusively and selectively target homeless people for necessary survival behavior such as sleeping. Given the city-acknowledged shelter emergency, the city has done little to resolve in spite of its "progressive" pretensions.

Attorneys from Berkeley, Santa Cruz, and Washington, D.C. are putting together the pleadings. Attor­neys from San Francisco, Los Angeles, San Diego and Sacramento are helping.

The City Attorney and Mayor Ryan Coonertyhas resisted any and all efforts to reform the Sleeping Ban so that it conforms with the 9th Circuit decision. We are fund-raising and gathering plaintiffs to take the course directly to federal courtand expect to have an action filed in February.

Howard Zinn Speaks out on the Sleeping Ban

"I think we should interruptthe sleep of people who passsuch laws."*Howard Zinn 10/25/97*

Speaking in response to theSanta Cruz Sleeping Banat an event sponsored by theResource Center for Nonviolence._______________________________________________________Santa Cruz Mayor Ryan CoonertyReaffirms Sleeping BanIn November 2007, Coonertyreaffirmed his support for theSanta Cruz outdoor nighttimesleeping ban in spite ofa California Supreme Courtdecision declaring similar localCalifornia laws unconstitutional.[2][3]This law was challenged mostvisibly by a homeless camp outon the lawns of City Hall inAugust 2007.Then Vice-Mayor Coonerty refused tomeet with homeless advocates._______________________________________________________The death of Robert WagnerA Lonely Death on the Doorstep of City Hall______________________________________________________